AM v Canada Employment Insurance Commission

AM v Canada Employment Insurance Commission Collection Employment Insurance (EI) Decision date 2024-08-27 Neutral citation 2024 SST 1093 Reference number GE-24-2831 Member Susan Stapleton Division General Division Decision Extension of time to file an application refused Related decisions SST - AM v Canada Employment Insurance Commission - 2024 SST 1092 - 2024-09-12 - Appeal Division Subjects Late appeals - Over one year Decision Content Citation: AM v Canada Employment Insurance Commission, 2024 SST 1093 Tribunal File Number: GE-24-2831 BETWEEN A. M. Appellant and Canada Employment Insurance Commission Respondent SOCIAL SECURITY TRIBUNAL DECISION General Division – Employment Insurance Section DECISION BY: Susan Stapleton DATE OF DECISION: August 27, 2024 On this page Overview Analysis Conclusion Reasons and decision Overview [1] The Appellant applied for employment insurance benefits effective January 22, 2023. Further to a request for reconsideration, on May 23, 2023, the Respondent issued a decision under section 112 of the Employment Insurance Act (Act). The Appellant appealed that decision to the Social Security Tribunal (Tribunal) on August 12, 2024. [2] Under subsection 52(2) of the Department of Employment and Social Development Act (DESD Act), in no case may an appeal be brought to the General Division of the Tribunal more than one year after the day on which the Respondent’s reconsideration decision was communicated to the Appellant. [3] I must decide whether the appeal was brought in time. Analysis [4] I find that the Respondent’s reconsideration decision was communicated to the Appellant on May 23, 2023. [5] The Appellant indicated on his Notice of Appeal that the date on the reconsideration letter he wishes to appeal is May 23, 2023. He stated that he received the reconsideration decision on May 23, 2023.Footnote 1 [6] The record shows that the Commission spoke to the Appellant on May 23, 2023, and told him it had decided to maintain its initial decision. The Commission told the Appellant that he would receive a letter about the reconsideration decision, and he was informed of the process and timeframe to submit an appeal of the reconsideration decision.Footnote 2 [7] This conversation was followed up with a letter, dated May 23, 2023. The letter advised of the outcome of the Commission’s reconsideration. The letter also said that the Appellant had 30 days to appeal to the Tribunal.Footnote 3 [8] I note that the reconsideration decision letter was sent to the Appellant’s address as it appeared on the March 16, 2022, initial decision,Footnote 4 and on the March 19, 2023, Request for Reconsideration form. Footnote 5 There is no evidence that the May 23, 2023, reconsideration decision letter was returned as undeliverable. [9] On August 2, 2024, the Appellant contacted the Commission with a change to his address, effective August 2, 2024.Footnote 6 The May 23, 2023, reconsideration decision letter was re-sent to the Appellant at his new address on the same date.Footnote 7 [10] I find that the Appellant brought the appeal to the General Division of the Tribunal on August 12, 2024. This is the date the Appellant wrote on the Notice of Appeal,Footnote 8 and the date when the Notice of Appeal was emailed to the Tribunal.Footnote 9 [11] Since the Appellant was made aware of the outcome of the reconsideration and his rights to appeal to the Tribunal on May 23, 2023, and only filed his Notice of Appeal on August 12, 2024, I find that the appeal was brought more than one year after the reconsideration decision was communicated to him. [12] The Tribunal must apply subsection 52(2) of the DESD Act, which clearly states that in no case may an appeal be brought more than one year after the reconsideration decision was communicated to the Appellant. [13] So, the appeal was not brought in time and the Tribunal cannot proceed to hear the Appellant’s appeal. Conclusion [14] The appeal to the General Division of the Tribunal was not brought in time, and therefore will not proceed. Footnotes Footnote 1 See GD2-5. Footnote 2 See GD3-53. Footnote 3 See GD3-54. Footnote 4 See GD3-35. Footnote 5 See GD3-37. Footnote 6 See GD3-55. Footnote 7 See GD3-56. Footnote 8 See GD2-8. Footnote 9 See GD2-1.